Lynette Paczkowski

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Partner

Lynette Paczkowski concentrates her practice on all aspects of civil litigation. She has significant experience in the areas of business litigation and construction litigation, and has represented property owners, contractors and subcontractors in construction projects and disputes.

Over several years, she has handled over 50 matters for an international electricity and gas company and one of the largest investor-owned energy companies in the world.

Lynette received the Worcester Business Journal's "40 Under 40" award in 2012, and was selected as a Massachusetts Super Lawyers Rising Star from 2013-2016. She is also the author and co-author of chapters in the Massachusetts Deposition Practice Manual, edited by the Honorable Peter M. Lauriat.


Admitted to Practice: 

Massachusetts
New York
The United States District Court for the District of Massachusetts
The United States Court of Appeals for the First Circuit


Representative Experience:

  • Successfully arbitrated architect’s breach of contract and related non-payment claims against the owner of a project, simultaneously defending the owner’s claims that the architect had itself breached the contract and exceeded the scope of authorized work; the owner had also claimed overpayment as a result of the architect’s alleged bad acts.
  • Successfully represented utility company in enforcing easement rights against property owners attempting to block/restrict access and use
  • Represented easement holder’s rights in connection with adverse possession action between abutting property owners, securing continued easement rights as part of global settlement agreement
  • Represented private school in abutting property owner’s appeals of Conservation Commission and Zoning Board of Appeals decisions in connection with expansion project
  • Successfully defended claims in excess of $2 million brought by a designer-builder against the owner of a senior living facility, in connection with a $14 million construction project; the arbitration was a multi-party, complex case that spanned over 40 days of hearings
  • Successfully tried breach of contract action on behalf of a regional medical product supplier against a global provider of outsourced clinical development services in connection with failure to provide software and hardware for patient data management; after a 3-day jury-waived trial, the Court awarded damages in excess of $35,000 and doubled them pursuant to M.G.L. c. 93A
  • Successfully represented elder in breach of fiduciary duty claim against family member in connection with family business operations; after a 4-day jury trial, the jury awarded damages in excess of $135,000 and ownership of the business reverted back to the elder
  • Successfully defended accounting firm against claims of vicarious liability and professional malpractice
  • Successfully represented attorney who had sanctions issued against him by trial court; obtained direct appellate review by the Supreme Judicial Court, which vacated the sanctions award
  • Represented billboard owners in successful appeal of building inspector’s order to lower the height of the sign, briefing and arguing the case (regarding the applicability and interpretation of the town’s zoning by-laws) through to the Appeals Court
  • Successfully resolved case involving machinery damaged in transport on behalf of a distributor of specialty machinery
  • Represented franchisee in various disputes and through completion of construction project
  • Defended general contractors and subcontractors against contract, warranty, and negligence claims
  • Pursued payment and enforcement of mechanics lien on behalf of designers, contractors, and subcontractors
  • Represented property owners in defense of claims for payment and in seeking damages for incomplete and defective work
  • Defended electricity and gas company in personal injury suits ranging from motor vehicle accidents to electrocutions
  • Defended electricity and gas company against property damage claims
  • Represented electricity and gas company as plaintiff in land use and easement disputes

Professional/Community Affiliations: 

  • Notre Dame Club of Worcester County, Communications Director (2015-present)
  • The Hanover Theatre for the Performing Arts, Development Committee (2015-2016)
  • Worcester County Bar Association, Executive Committee (2013-present)
  • Worcester County Bar Association, Member (2005-present)
  • Worcester County Bar Association, Co-Chair, Young Lawyers Division (2010-2013)
  • Young Professional Women's Association, Founding member (2011)
  • Young Professional Women's Association, Member (2011-present)
  • Young Professional Women's Association, Board member (2011-2014)
  • Young Professional Women's Association, Vice-President (2012-2013)
  • Young Professional Women's Association, President (2013-2014)
  • Community Legal Aid Access to Justice Campaign Leadership Committee (2012-present)
  • Associated General Contractors Building Women in Construction Committee (2016-present)